The IPKat

NOVEMBER 13, 2024

In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. The AmeriKat has the t-shirt.now what?

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Patent Patent Application Reporting Privacy 118

Patently-O

JULY 11, 2022

In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? A key to the analysis was a finding that the error would have been apparent to someone of skill in the art. You can compare the prior art linear objective lens results (Fig.

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JD Supra Law

JANUARY 31, 2025

14, 2025), addressing whether a published patent application can serve as prior art in inter partes review (IPR) proceedings as of its filing date. 8,410,400 (the 400 patent), which covers LED-based. Samsung Electronics Co., 23-2346 (Fed. By: Hudnell Law Group

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IP Watchdog

MARCH 13, 2025

The Federal Circuit says that you must disclose and describe the prior art, or your Jepson claim is invalid. It is also truly a mystery why the Patent Office would ever defend this PTAB decision and advocate in favor of requiring the prior art to be disclosed, discussed and supported.

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JD Supra Law

APRIL 1, 2025

Patent Trial and Appeal Board (the Board) that a published patent application (Lettich) qualified as prior art to a pending application, U.S. Patent Application No. 11/005,678 (the 168 Application), because the Boards analysis as to Lettichs prior art status was incomplete. In re Riggs, No. 22-1945, __ F.4th

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The IPKat

JANUARY 22, 2025

The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.

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Patent Invention Publishing Art 105

Intellectual Property Law Blog

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed.

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JD Supra Law

JANUARY 31, 2025

Patent Trial and Appeal Board (PTAB) finding the challenged claims of U.S. In its decision, the CAFC considered the question of when a published patent application is deemed prior art in an inter partes review (IPR). 10,687,400 unpatentable. Lynk Labs, Inc. Samsung Elecs. January 14, 2025).

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Intellectual Property Law Blog

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. ,

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Patently-O

FEBRUARY 16, 2025

The case is now on petition for writ of certiorari to the US Supreme Court and raises significant questions about the burden of proving enablement of prior art references in patent cases. Read the petition in 24-866] Converter Manufacturing holds a number of patents covering thermoformed plastic food trays with rolled edges.

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Patently-O

MARCH 31, 2025

by Dennis crouch In October 2024, the USPTO terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a U.S. The bulk of the applications are Chinese origin filed through Dr. Yu "Mark" Wang, who operated a patent services firm called Wayne and King LLC (W&K). practitioners signature.

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JD Supra Law

SEPTEMBER 5, 2024

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. By: BakerHostetler

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Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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SpicyIP

JULY 4, 2024

The Conundrum In an interesting order, the Madras High Court, in the case of Dr. Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application!

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Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. Still, seemingly qualify as prior art under 35 U.S.C.

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SpicyIP

NOVEMBER 30, 2024

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain.

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Patent Trademark Blog

MARCH 13, 2025

How long does it take to get a design patent? On average, a design patent application can take about 16 months for the initial examination. In fact, we have seen design patent applications take two to three years for the initial review by the examiner. Need to speed up your design patent application?

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JD Supra Law

MARCH 18, 2025

Merck Patent GmbH, No. CQV petitioned the Patent Trial and Appeal Board for post-grant review of a Merck patent relating to alpha-alumina flakes with particular characteristics. CQV asserted that various combinations of prior art rendered the challenged claims obvious. 2023-1027 (Fed.

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Patently-O

MARCH 11, 2025

Merck Patent GmbH , No. 10, 2025), the Federal Circuit vacated and remanded a PTAB post-grant review (PGR) decision that had upheld the validity of Merck's patent against sales of a commercially available product. It also sets up another increasingly common scenario where neither the patentee nor the patent challenger are US entities.

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JD Supra Law

AUGUST 22, 2024

The Patent Trial and Appeal Board denied institution of an inter partes review petition because a prior art patent figure did not provide exact dimensions, and therefore could not meet the relevant claim limitation.

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Art Patent 110

Intellectual Property Law Blog

FEBRUARY 26, 2024

8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. The two patents (U.S. Patent Nos. Weber , slip op., By applying the framework in Cordis Corp.

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Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Are you a foreign business looking to apply for a US patent?

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Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.

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Intellectual Property Law Blog

MAY 22, 2023

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid. In re Wands , 858 F.2d 2d at 737, 8 USPQ2d at 1404 (Fed.

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Intellectual Property Law Blog

SEPTEMBER 1, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

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Patent Patent Application Technology Invention 212

Intellectual Property Law Blog

NOVEMBER 7, 2023

This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Medtronic”) owns multiple patents relating to transcutaneous (i.e. Background Medtronic, Inc. Axonics, Inc.

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SpicyIP

FEBRUARY 6, 2025

Recently, an interesting order was issued in Patent Application No. 202417006578 ( pdf ), by Vikas Verma, Assistant Controller of Patents & Designs, Patent Office (Chennai), in the context of a pre-grant opposition (PGO) against an application by Pharmazz Inc. Image from here. back in 2010.

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Intellectual Property Law Blog

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. Filing patent applications under PPH can drastically reduce time it takes to prosecute the patent applications.

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IP Watchdog

MARCH 13, 2024

Court of Appeals for the Federal Circuit (CAFC) issued a brief opinion authored by Judge Chen today that rejected Daedalus Blue LLC’s appeal of a Patent Trial and Appeal Board (PTAB) decision finding certain claims of its patent on a data management system unpatentable. The PTAB held that U.S.

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The IPKat

MARCH 21, 2025

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The patent was opposed by Chemetall GmbH.

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Invention Art Patent Patent Application 59

Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

Patent 189

Patent Patent Application Invention Art 189

IP Law 360

JULY 31, 2024

Patent and Trademark Office that they're torn on how artificial intelligence should be used when determining whether something is patentable over prior art. Technology companies, drugmakers and various industry organizations have represented to the U.S.

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Art Technology Trademark Patent 98

IP and Legal Filings

DECEMBER 19, 2024

Patent protection may limit access to new ideas and technology and, therefore, raise concerns about disparities in access and stifle the growth of the metaverse as a shared online space. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

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Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.

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Design Patent Designs Design Art 130

The IPKat

JANUARY 19, 2025

In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step. CD47 is a cancer antigen expressed on cell surfaces with a monomeric immunoglobulin-like structure.

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Patently-O

JUNE 22, 2022

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. Functionality : Design patents focus on ornamentality rather than utility. by Dennis Crouch. 3d 1301 (Fed.

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Design Patent Designs Design Patent 141

Patent Trademark Blog

MARCH 18, 2025

What are the right patents for Amazon sellers? Traditional patents that might work in the courts may not be the best type of IP protection for online sales on the e-commerce platform. Since Amazon uses their own legal system for adjudicating patent disputes , sellers need to know how to play the IP game Amazon’s way.

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